Legal Ethics and Paralegal Responsibilities (Chapter 2)

Vocabulary flashcards covering key terms from the Chapter 2 notes on legal ethics, confidentiality, privilege, work product, conflicts, notaries, billing, discovery, and disciplinary actions.

Model Rules of Professional Conduct

Ethical rules governing lawyers; adopted by state bars; paralegals must follow them under supervision.

American Bar Association (ABA)

Professional body whose Model Rules guide legal ethics for lawyers.

State Bar

State-level regulatory body that adopts and enforces ethical rules for lawyers; paralegals operate under these rules.

Notary Public

Official who witnesses signatures, administers oaths, and authenticates documents to prevent fraud; may notarize for office use.

Confidentiality

Ethical duty to keep all client information private (conversations, emails, notes, documents) within the legal team.

Attorney-Client Privilege

Rule of evidence protecting confidential communications for obtaining/legal advice; held by the client and extends to the attorney and their staff under supervision.

Lawyer Work Product

Materials prepared by an attorney or paralegal for litigation (notes, research, strategies); generally protected from discovery unless substantial need exists.

Conflict of Interest

Situation where professional duties to clients are divided; includes concurrent, successive, personal, and third-party conflicts; must be disclosed and avoided if compromised.

Concurrent Conflict of Interest

Representing clients with directly opposing interests at the same time.

Successive Conflict of Interest

Conflict with a former client due to confidential information or ongoing duties.

Unauthorized Practice of Law (UPL)

Prohibition on paralegals providing legal advice or performing activities that constitute practicing law; only licensed attorneys may practice.

Contingency Fee Contract

Attorney collects a percentage of recovery only if the case is won; common in personal injury; not used in criminal or family law.

Hourly/Lump-Sum Fees

Billing methods: hourly billing or a fixed lump-sum fee for services; varies by case type.

Client Trust Account

Separate bank account for client funds (retainers, advances) to be held until earned; funds transferred to operating account as earned.

Retainer

Upfront payment deposited into the client trust account to secure services and bill against as work is performed.

Discovery (Interrogatories; Verified Answers)

Process of obtaining information; includes client responses that are sworn/verified under oath; may be notarized if required.

Notary Public – Role in Preventing Fraud

Notaries help prevent fraud by verifying identity and witnessing signatures on key documents.

Notary Public – Acknowledgment

Signer's declaration that the signature is voluntary and the signer’s identity has been verified (not oath).

Notary Public – Jurat

Signer's sworn statement that contents of the document are true; administered as an oath by the notary.

Practice of Law

Providing legal advice, representing clients in court, and drafting legal documents; reserved for licensed attorneys.

Legal Malpractice

Lawyer’s negligence harming a client; requires proving duty, breach, causation, and damages.

Duty to Communicate with Clients

Attorney/paralegal obligation to keep clients informed; timely, clear updates reduce disputes and disciplinary risk.

Disciplinary Actions

Consequences for ethical violations: reprimand (public warning), suspension (temporary), disbarment (permanent removal of license).

National Federation of Paralegal Associations (NFPA) & National Association of Legal Assistants (NALA)

Professional paralegal associations offering ethics codes and networking; membership is helpful but not mandatory.

Notary – Verification of Identity

Notaries must verify signer identity with acceptable ID before witnessing signatures.

Notary – Acknowledgment vs Jurat (Difference)

Acknowledgment: signer's identity/voluntariness; Jurat: signer swears/affirm truth before notary.